Privacy Issues in Online Service Users’ Details Disclosure in The Recent Case-Law; Analysis of Cases Youtube v. Viacom And Promusicae vs. Telefonica

Michal Koščík

Abstract

Personal data of Internet service users can serve as crucial evidence in proceedings against alleged infringers of intellectual property rights. It is therefore not surprising that Internet service providers have to deal with proposals to disclose information about on-line activities of their users. ISPs are often reluctant to disclose such information since it could be used against them or against their customers. Both legislation and case-law still struggle to provide clear legal answers on this problem.

This paper compares the two most discussed recent cases dealing with this problem which are: - the decision of European court of Justice no. C-275/06, which stated that EC directives do not establish an obligation to disclose user data to a third party - ongoing dispute between Youtube vs. Viacom which i.a. deal with the disclosure of user data.

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